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HomeMy WebLinkAboutcc min 1976/10/12 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA }{eld Tuesday October 12, 1976 A regular meeting of the City Council of the City of Chula Vista, California, was held on the above date beginning at 7:00 p.m. in the Council Chambers, City Hall, 276 Fourth Avenue, with the following Councilmen present: Mayor Hamilton, Councilmen Hyde, Cox, Egdahl, Hobel Councilmen absent: None Staff present: City Manager Cole, Assistant City Attorney Beam, Assistant City Manager Asmus, Director of Public Works Robens, Director of Planning Peterson, Planning Supervisor Lee, Director of Parks and Recreation Hall, Adminis- trative Assistant Boyd The pledge of allegiance to the Flag was led by Mayor Hamilton followed by a moment of silent prayer. 1. APPROVAL OF MINUTES It was moved by Councilman Cox, seconded by Councilman Hyde and carried by a vote of 4-0 (Councilman Egdahl abstaining) that the minutes of the meeting of October 5, 1976 be approved, copies having been sent to each Councilman. (Councilman Egdahl abstained as he was absent from the meeting of October 5, 1976). SPECIAL ORDERS OF THE DAY 2. ALL STATES PROGRAM - Mayor Hamilton read the Proclamation saluting the TENNESSEE State of Tennessee. Members of the audience from this State were asked to stand and introduce themselves. ORAL CO~gqUNICATIONS Councilman Egdahl introduced Boy Scout Troup No. 855 Introduction of Boy as a Troup with outstanding leadership and programs. Scout Troup 855 Scout Piaster Ken Kimball of 168 Shasta explained the Troup's citizenship program and expressed appreciation for the excellent cooperation of City staff members in assisting with Scout programs. Joy Sheresh Mrs. Sheresh requested that the can~paign signs for 688 Robert Avenue ~4r. Jack Walsh, candidate for re-election to County Chula Vista Board of Supervisors, be replaced in parking strips. They had been removed from public rights of way in accordance with Ordinance regulations. Clay Morud bir. Morud expressed his concern regarding the sewage 32 Plymouth Court and park problems in the Quintard and Tobias area, Chula Vista speaking specifically on poor ventilation, poor drain- age, bad odor in the area and high density problems due to new apartment construction. He asked that Council consider purchase of land for park purposes in this area. Carolyn Butler Mrs. Butler asked that the Council consider the matter 97 Bishop Street referred to by Mr. Morud and how their decision will Chula Vista affect this area for the next SO to 100 years. Bill Corer Mr. Corer discussed the sewage problem (Item 17 - 68 Provence Court Castle Park) stating that most people were against Chula Vista further overloading of sewers and hoped the moratorium could be made permanent, speaking specifically against additional apartments in the area. City Council Meeting -2- October 12, 1976 Carl Berg Mr. Berg asked that the item under written communica- 3369 Bonita Road tions (Item 20a) concerning his appeal of the denial Chula Vista by the Planning Commission for waiver of requirements for installation of public improvements at 3956 Otay Lakes Road be postponed until a public hearing could be scheduled. Motion for It was moved by Councilman Hobel, seconded by Council- public hearing man Egdahl and unanimously carried that the public hearing be scheduled for November 16, 1976. PUBLIC HEARINGS AND RELATED RESOLUTIONS AND ORDINANCES 3. PUBLIC HEARING - On July 6, 1976 the City Council denied a request for CONSIDERATION OF PREZONING a General Plan Amendment (GPA-76-1) for approximately AND R£ZONING 8.4 ACR£S ON four acres of land located on the south side of "L" THE SOUTH SIDE OF "L" STREET Street between Fourth and Fifth Avenues from Medium BETWEEN FOURTH AND FIFTH Density Residential (4-12 dwelling units per acre) AVENUES FROM R-i, R-2 AND to High Density Residential (13-16 dwelling units per R-3-G-P TO R-3-P-14 acre) and voted to have the Planning Commission con- sider prezoning this area to R-3-P-12. On September 13, 1976 the Planning Commission recom- mended that the City Council certify the Negative Declaration and change the prezoning and zoning from R-i, R-2 and R-3-G-P to R-3-P-14 for the entire 8.4 acre area in accordance with Resolution PCz-76-L. Director of Planning Peterson reported that staff had recommended 12 units per acre (R-3-P-12 category). He noted other areas where this density is allowed in R-3-L zones for areas in transition and the density applied to property in the vicinity of Quintard and Tobias and on Third Avenue south of Sea Vale. Mr. Peterson noted in particular four lots fronting on Fifth Avenue containing 4~300 square feet of area developed with detached single family homes and pre- zoned to R-2 by the Council. Staff recommended that these be prezoned to R-1. (A complete copy of the recommendations for precise plan developement standards and guidelines submitted by Staff is on file in the City Clerk's office, with a correction made by Director of Planning Peterson on Page 3, paragraph (d) -- deleting this paragraph). Council discussion Council discussion followed concerning the various zonings, current single family homes in the area, underdeveloped properties (owned by Mrs. Padelford and Mr. Offerman~ possible consolidation of plans,  overall density, setbacks and minimal front yard widths. Public hearing opened This being the time and place as advertised, Mayor Hamilton opened the public hearing. Charles Offerman Mr. Charles Offerman spoke in favor of rezoning 331 "L" Street making comments concerning 1) that they are not asking Chula Vista for any higher density than they have always had, 2) traffic flow on "L" Street, 3) 5mall lots cannot develop with more than two units, and 4) that he was asking the Council to approve the 14 units per acre. Dorothy Showman Ms. Showman stated she lives in a home that can not 410 "L" Street use any form of the higher zoning and asked about the Chula Vista necessity for going higher than R-3-P-12. She was concerned with the possibility of higher taxes. City Council Meeting -3- October 12, 1976 Public hearing closed There being no further comments either for or against, the public hearing was declared closed. Council discussion Council discussion ensued concerning the Planning Commission recommendation with reference to four lots fronting on Fifth Avenue, R-1 neighborhoods in R-3 areas, new development to be compatible with existing development, and similarity of Planning Commission recommendation and staff recommendation. Motion to approve It was moved by Councilman Hyde and seconded by staff recommendation Councilman Egdahl that the Council approve the staff with modifications recommendation vice the Planning Commission on this matter with the following modifications: That on Page 2, paragraph 2b under setbacks - to delete the dual standard of side yard and rear yard setbacks for prop- erties adjacent to R-1 and R-3 zones and have one standard which applies to R-l, specifically where it says rear yard, the motion is, on the line that reads "two story structures adjacent to R-1 zone," to de- lete the words "adjacent to R-1 zone" leaving the wording to read "Two story structures - 35 feet" and delete all the third line ("Two story structures adjacent to R-$ zone - 20 feet.") Under side yard setbacks, to standardize the side yard setbacks, for one story at eight feet and to standardize the side yard setbacks for two stories at 35 feet, regardless of what zone they are adjacent to. Council discussed the setbacks as proposed in ap- plying them to the various lots in the area being considered. RECESS A recess was called at 8:05 p.m. and the meeting re- convened at 8:24 p.m. Negative Declaration - Mayor Hamilton noted that as a matter of procedure, IS-76-63 the Council should consider the Environmental Report, IS-76-63. Motion to certify It was moved by Mayor Hamilton and seconded by Negative Declaration Councilman Cox that in accordance with the Negative Declaration, IS-76-63 and the findings stated therein, that this project will have no significant adverse environmental impacts and to certify the Negative Declaration. Previous motion In view of a statement by Assistant City Attorney Beam withdrawn that since the Council did not have the appropriate Ordinance before them that the Negative Declaration should be a separate action, Councilman Hyde withdrew his previous motion. Councilman Egdahl agreed as the second. Motion to certify Negative The motion as made by Mayor Hamilton carried unanimously. Declaration carried Motion restated to approve It was moved by Councilman Hyde and seconded by staff recommendation with Councilman Egdahl that a new Ordinance be drafted modifications adopting the staff recommendations on the prezoning for the properties under consideration as indicated in the staff report, with the following modifications: 1) Under Paragraph 2b (2) relating to setbacks, that the rear yard setback for single story structures be 15 feet and for two story structures, $8 feet with no difference between R-1 and R-3 zones; and for side yard setback, one story - 8 feet for both R-1 and R-3 and the balance remain as recommended by the staff ("Two story adjacent to R-1 zone - 55 feet. Two story adjacent to R-3 zone - 10 feet.") City Council Meeting -4- October 12, 1976 2) Page 3, second paragraph of sub-paragraph C, where wording reads" . a second dwelling unit shall generally be discouraged; " that the words "generally be discouraged" be replaced with the word "prohibited." 3) Delete sub-paragraph (d) as recommended by the Planning Director. (A complete copy of staff recommendation is on file in the City Clerk's office.) Discussion of motion Council discussed the number of small single family structures in the area, consolidation not being likely, density would not reach the R-3-P-12, and the differ- ences in the R-3-P-12 versus the R-3-P-14 designation as far as density is concerned, desire to encourage R-3 development and to create feeling of openness and spaciousness with good landscaping to make attractive developments. Motion failed The motion to accept staff recommendation as modified failed by the following vote, to-wit: Ayes: Councilmen Hyde, Egdahl NOES: Councilmen Cox, Hamilton, Hobel Absent: None 3. a. ORDINANCE NO. 1709 - It was moved by Councilman Cox that the reading of the AMENDING ZONING MAP OR MAPS text be waived by unanimous consent and the Ordinance ESTABLISHED BY SECTION placed on first reading with an amendment to indicate 19.18.010 OF THE CHULA VISTA that the Planning Commission recommendation was adopted MUNICIPAL CODE, PREZONING with incorporation of the stipulation as presented by AND REZONING THAT CERTAIN Councilman Hyde in his previous motion regarding setbacks PROPERTY LOCATED ON THE for rear yard and side yard, deleting Paragraph (d) on SOUTH SIDE OF "L" STREET Page 3 (of staff report) and modification of Paragraph BETWEEN FOURTH AND FIFTH (c) (replacing the words "generally be discouraged" AVENUES FROM R-i, R-2 AND with the word "prohibited."). R-3-G-P TO R-3-P-14, AND CERTIFYING THE NEGATIVE DECLARATION - FIRST READING AS AMENDED Director of Planning Peterson noted that the Planning Commission also recommended that the four lots on Fifth Avenue be included in the R-3-P-14 designation and asked for Council clarification as to the intent of the motion if these lots are to be included in that designation or be included in the R-1 designation as recommended by staff. Motion clarified Councilman Cox clarified that his amendment would include the R-1 zoning on the four lots on Fifth Avenue. The motion carried by the following vote, to-wit: AYES: Councilmen Cox, Hamilton, Egdahl, Hobel, Hyde Noes: None Absent: None 4. PUBLIC HEARING - In 1973, this 100+ acre site was rezoned from single CONSIDERATION OF PRECISE PLAN family ½ acre and one acre zoning to R-E-P (½ acre FOR RANCHO ROBINHOOD III single family subject to a precise plan). This precise plan represents the owner's proposal for the develop- ment of the property with single-family detached resi- dences, 72 lots suitable for VA/FHA approved homes, City Council Meeting -$- October 12, 1976 38 lots developed with custom homes, and six open space lots for a total of 116. 43% of the site will be either graded or natural open space. The Planning Commission voted to recommend that the Council approve the Precise Plan and Development Standards of Rancho Robinhood III subject to ten con- ditions listed in Resolution PCM-76-16. Mayor Hamilton announced that Items No. 4 and 5 will be considered by Council simultaneously. 5. PUBLIC HEARING - Mr. Robert Casey, owner, has submitted a tentative CONSIDERATION OF TENTATIVE subdivision map known as Rancho Robinhood Ill, pro- MAP FOR RANCHO ROBINHOOD III posing to subdivide 100+ gross acres into 110 resi- dential lots and six open space lots for a total of 116 lots. The proposed subdivision lies west of Otay Lakes Road and south of the existing Rancho Robinhood subdivision, Units No. 1 and 2. ~e Planning Commission voted to recommend that the Council approve the tentative map in accordance with Resolution PCS-76-7. Planning Supervisor Lee noted that the developer had set up a model of the proposed development to facili- tate Council discussion. The model depicted the topo- graphy of the land, houses, streets, landscaping and grading. Mr. Lee then gave a brief history of the property in- volved, detailing the proposal by the developers which includes submission of floor plans, development stan- dards and the formation of an open space maintenance district. He noted that the property in question will retain 48 acres in open space which will be dedicated to the City and join with the existing open space in Rancho Robinhood Unit 1. Mr. Lee further explained the traffic circulation system which consisted primarily of the extension of Surrey Drive with a connecting street labeled as street "A" tying Surrey Drive with Otay Lakes Road. It was noted that the recommendation of the developer and the Planning Commission was for "A" street to be a con- tinuous connection between Surrey Drive and Otay Lakes Road. However, the staff recommendation called for street "A" to be a cul de sac near the top of the ridge and at the bottom of the valley floor adjacent to Otay Lakes Road to avoid a section of the road planned as a 15% grade, which was deemed to be unsafe in the final staff analysis. Director of Public Works Roberts asked that the Council consider the benefits which this subdivision would receive from the improvements installed in the E1 Rancho del Rey subdivision. (The Council directed the staff to report on the feasibility of the formation of an assess- ment district to equitably spread the costs based on the benefits received.) He indicated that, in his opinion, the benefits received on this development would appear to be minimal and that inclusion of this tract into the assessment district would delay approval of the final map for several months. City Council Meeting -6- October 12, 1976 Council discussion ensued on street "A", objections from resident5 in the area against having views ob- structed by new homes, open space areas, equestrian trails, slopes, landscaping, collector streets, traffic patterns, alternate street designs, sidewalk modifications, and assessment districts. Public hearings opened This being the time and place as advertised, Mayor Hamilton opened the public hearings on Agenda Items 4 and 5. Samuel F. Safino, President Mr. Safino stated he was representing Mr. Robert Casey, Arevalo ~ Safino Robinhood Homes, owner and developer of the property. Design Engineering Consultants He outlined the proposed project and the goal of creat- 8913 Complex Drive, Suite C ing a low density, viable and varied residential sub- San Diego division, preserving usable, natural open space. His comments included: street patterns, elevations, grading, landscaping, the EIR report, view retention, traffic flow, fire breaks, and hillside development. He spoke in defense of retaining street "A", noting the Fire Marshall's comment on Page 2, second paragraph of Item f of Resolution No. PCS-76-7, stating in part that "although 16% is the maximum acceptable street gradient for fire equipment, leaving this steep street would improve access and response time." Mr. Safino answered questions from the Council concerning all aspects of the development. James E. Miller Mr. Miller spoke in favor of the plan and in defense 4819 Whippoorwill Lane of the street "A" through access in the subdivision. Bonita Speaking in opposition Ms. Martha Walker, 291 Surrey Drive; Jack 0. Benham, 303 Surrey Drive; Rudolf Hradecky, 969 Buckaroo Lane; Stephen Taylor, 315 Surrey; Allan Kuebler, 948 Buckaroo; and James E. Miller, 4819 Whippoorwill, all spoke in opposition to some aspect of the development, making specific comments on the following: 1) did not want Surrey Drive to connect with Otay Lakes Road because of increase in traffic volume; 2) traffic hazards along Surrey Drive and possible hazard on street "A"; $) in favor of eliminating street "A"; 4) would like single story residences constructed especially on lots one through eight and lots 18, 19, and 20; 5) drainage problems during and after construction; 6) slide area; 7) wanted Council to consider petitions submitted concerning erosion, adverse impact on environment 8) earth movers be restricted in using Surrey Drive during grading operations, and preserva- tion of canyon area; 9) fire problem; 10) did not believe grading was done in accordance with hillside development policy; 11) concern about equestrian trails - asked that provisions be made for road crossings of trails and that through access be planned northwest to southeast as well as northwest to southwest, through the development into Otay Land Development areas. Public hearings closed There being no further comments, either for or against, Mayor Hamilton declared the public hearings closed (Items 4 and 5). RECESS A recess was called at 11:07 p.m. and the meeting reconvened at 11:23 p.m. City Council Meeting -7- October 12, 1976 Motion to accept Planning It was moved by Councilman Cox and seconded by Commission recommendation Councilman Hyde that the recommendation of the with modifications Planning Commission (Approval of the Precise Plan and Development Standards of Rancho Robinhood III subject to ten conditions listed in Resolution PCM-76-16. In addition, Council should certify that EIR-76-7 has been completed in accordance with CEQ^ 1970, as amended, and that Council has considered the EIR information in making its decision.) be accepted with the following modifications: that Lots 1 through 8 and Lots 18, 19 and 20 be restricted to one story homes; and that Surrey Drive be continued as an extension of street "A", cutting back in and running into Otay Lakes Road. "A" would become Surrey Drive thereby eliminating any future consideration of Surrey Drive connecting with Otay Lakes Road south of Bonita Vista Junior High School. Amendment to motion It was moved by Councilman Hyde that the motion be amended regarding a positive direction that the eleven parcels could be developed, and rather than indicate that they must be developed as single story that they be single story "or some other solution which could be negotiated satisfactorily between the developer and the residents affected." Councilman Cox agreed to the amendment. Council discussion Council discussed the potential drainage problem, plans required for developer to handle the drainage problem during construction, bulldozers being kept off of Surrey Drive, percent to be maintained as open space (43%), and that adequate provision for equestrian trails be provided for in the project. 15% grade included in motion Councilman Hobel suggested that the motion include the fact that street "A" not exceed 15% in grade. Councilman Cox agreed. Clarification of motion Councilman Cox clarified that the motion was asking for a Resolution to bebroughtback next week with the appropriate statement of consideration of the EIR. Additional amendment It was moved by Councilman Hyde that the motion be to motion further amended for adequate provision to be made for taking care of the equestrian trail portion of the project. Concern regarding Director of Public Works Robens expressed staff extension of Surrey concern over not being able to extend Surrey Drive Drive if necessary at some future time when the area to the south is developed. Councilman Cox and Councilman Hyde confirmed that the intent of the motion was to completely eliminate an7 consideration of extending Surrey Drive. Motion clarified In answer to Councilman Egdahl's query, Councilman Cox stated his motion would consider split level as a one story house. Motion carried The motion as made by Councilman Cox, and seconded by Councilman Hyde carried unanimously with ail amendments. City Council Meeting -8- October 12, 1976 Motion for staff to It was moved by Mayor Hamilton, seconded by Councilman work with County to Hyde and unanimously carried that in regard to the widen Allen School portion of the Allen School Lane that is in the Lane County that staff be directed to work with the County to see if Allen School Lane could be widened to the proper width for a residential collector street. Motion for Resolution It was moved by Councilman Hyde, seconded by approving tentative map Councilman Cox and unanimously carried that the staff for Rancho Robinhood III bring back a Resolution approving the tentative map for Rancho Robinhood III reflecting the changes that would be required based upon the approval of the Precise Plan. Letters received regarding For the record, letters regarding Agenda Items No. Items 4 and 5 4 and 5 were received from: John M. Pietrzak Chula Vista Medical Clinic, Inc. 240 Landis Avenue Chula Vista Eleanor 0verton Martha Walker Alfred Schmidt Stephen Taylor 906 Buckaroo Lane 315 Surrey Drive Jean Ferriot Gerard & Jeanette Redon 914 Wrangler Court Owners of Lot 37 J. O. Benham 303 Surrey Drive Plus two petitions were received, all opposing Surrey Drive being used as access road and requesting that a portion of the proposed homes be single story. 6. PUBLIC HEARING - On September 28, 1976 the Council, by Resolution No. CONSIDERATION OF FORMATION 8337, declared the intention to form Open Space OF OPEN SPACE DISTRICT NO. 7 District No. 7 of the City of Chula Vista and set (ZENITH II, III, & IV SUB- this date for a public hearing to hear protests on DIVISIONS) AND APPROVAL OF the formation of this district. SPREAD OF ASSESSMENTS 2~ne boundary of the district is the same as the sub- division boundary for Zenith II, III and IV Subdi- visions. The areas to be maintained by the district are the slopes along East Palomar Street and as shown on the plat for Open Space District No. 7. The esti- mated annual maintenance cost is $1~333.25 which has been spread equally among the parcels lying within the district with the assessment for each parcel to totalling $12.82 annually. Public hearing opened This being the time and place as advertised, Mayor Hamilton opened the public hearing. Public hearing closed There being no comments, either for or against, the public hearing was declared closed. a. RESOLUTION NO. 8357 - Offered by Councilman Hyde, the reading of the text ORDERING THE FORMATION OF was waived by unanimous consent, passed and adopted CHULA VISTA OPEN SPACE by the following vote, to-wit: DISTRICT NO. 7 (ZENITH II, III AND IV SUBDIVISIONS) AYES: Councilmen Hyde, Cox, Hamilton, Egdahl, Hobel AND CONFIRMING THE ASSESS- Noes: None MENT THEREOF Absent; None City Council Meeting -9- October 12, 1976 7. PUBLIC HEARING - In a written report, Director of Planning Peterson APPEAL BY JAMES MAGOT reported that James Hagot of California Properties, OF PLANNING COb~IISSION Inc., is requesting an increase in sign area in DENIAL OF VARIANCE order to add approximately 100 sq. ft. onto the APPLICATION PCV-76-17 existing nonconforming freestanding pole sign at FOR ADDITION OF TENANT 475 "H" Street in the C-C zone, which was denied IDENTIFICATION SIGNS by the Planning Commission. This decision was FOR CHULA VISTA PLAZA appealed by Mr. Hagot. (formerly Home Fair) The existing sign was approved for Home Fair in March, 1971 as a second freestanding sign for this shopping center. Under both the old and new Sign Ordinance, only one freestanding sign would be allowed. The existing sign, which identified the former major tenant, Home Fair, is 47 feet high and 200 sq. ft. in area and was approved under a zone variance application. In December, 1971 the City's first comprehensive Sign Ordinance was adopted and in 1974 the City revised the standards limiting freestanding signs to a maximum of 35' in height and 1S0 sq. ft. in area. Mr. Peterson reported that it is his understanding at this time that the applicant wishes to modify his proposal and eliminate the request for the additional 100 sq. ft. for tenant identification, and is only asking that the existing sign remain with a change in name from "Home Fair" to "Chula Vista Plaza." In answer to query from Mayor Hamilton, Mr. Peterson stated that the current Ordinance does require that the sign be brought into conformance with the new standards with the change in use as defined by the Ordinance. Council discussion The Council discussed the provisions of the Ordi- nance relating to sign size, change in use, require- ments for removal and economic factors. Public hearing opened This being the time and placed as advertised, Mayor Hamilton opened the public hearing. James Magot, owner Hr. Magot stated he represented the owner of the Farrell's Ice Cream Parlour property, tte outlined the lack of visible exposure Chula Vista for this property from "H" Street and reviewed the problems in this connection, commenting on the cost, change in the use of the property, leasing of the property, and necessity of tenant identification. Mr. Magot confirmed the initial request was modified and the owner was only asking that the name on the present freestanding sign be changed from "Home Fair" to "Chula Vista Plaza," with a low profile sign on "H" Street for tenant identification. Present sign cannot be In answer to query from Councilman Hyde, Mr. Magot relocated stated the present sign could not be modified and relocated on "H" Street, due to its design. Francis Burger, Owner Mr. Burger stated that his company had constructed Pacific Sign Construction the sign for "Home Fair" and for the sign to be Chula Vista visible, there was no alternative but to have it 50 feet high; therefore, there would be no way to modify it. City Council Meeting -10- October 12, 1976 Discussion by Council Council discussed the problems concerning the sign, the height, the size, changing the logo, cost, the Plan Signing Program for shopping centers, problems in relocating the sign in the area, possible elimination of parking spaces for sign placement, and requirements of the Sign Ordinance. Public hearing closed There being no further comments, either for or against, the hearing was declared closed. Motion to approve change It was moved by Councilman Egdahl, seconded by in sign Councilman Hyde and unanimously carried that the present freestanding sign, although it is out of conformance by virtue of size, be allowed to be changed - the face panels - to designate "Chula Vista Plaza." RESOLUTIONS AND ORDINANCES, FIRST READING 8. RESOLUTION NO. 83S8 - Pursuant to Council direction of several months ago, APPROVING AGREEMENT BETWEEN staff prepared a Request for Proposal for the 450 THE CITY OF CHULA VISTA AND acre Rice Canyon Area immediately east of 1-80S at SEDWAY/COOKE FOR PLANNING East "H" Street. Proposals from 17 firms were SERVICES IN THE RICE CANYON screened by a Consultant Selection Committee with AREA AND AUTHORIZING THE three firms selected and interviewed. Subsequently, MAYOR TO EXECUTE SAID AGREE- the Council reduced the scope of the study to MENT eliminate the fiscal analysis and precise plan design portions and after meeting once again, the Committee recommended the firm of Sedway/Cooke. Staff then negotiated an agreement with that firm in the amount of $46,080. Appendix "A" of the agreememt (on file in the City Clerk's office) describes the scope of the services to be rendered. Resolution offered Offered by Councilman Hyde, the reading of the text was waived by unanimous consent, passed and adopted by the followimg vote, to-wit: AYES: Councilmen Hyde, Cox, Hamilton, Egdahl, Hobel Noes: None Absent: None 9. RESOLUTION NO. 83S9 - On June 15, 1976 the City Council adopted Resolution AMENDING RESOLUTION NO. No. 8202 which designated the membership of the 8202 BY ADDING TO THE Executive and Middle Management groups, and authorized MIDDLE ~uNAGE~NT GROUP relatod fringe benefit plans. By Resolution No. 8125 THE CLASSIFICATION OF the Council accepted a Transit Improvement Program TRANSIT COORDINATOR which included the position of Transit Coordinator. It is now recommended that the classification of Transit Coordinator be included in the Middle Manage- ment group as it conforms with the criteria adopted  by the Council for membership Resolution offered Offered by Councilman Cox, the reading of the text was waived by unanimous consent, passed and adopted by the following vote, to-wit: AYES: Councilmen Cox, Hamilton, Egdahl, Hobel, Hyde Noes: None Absent: None City Council Meeting -11- October 12, 1976 10. RESOLUTION NO. 8360 - On September 15, 1976 a report was submitted to the APPROVING AGREEMENT BETWEEN Council listing nine projects for possible funding THE CITY OF CttULA VISTA AND under the Public Works Bill. The repair and con- PHILLIPS-REYNOLDS & ASSOCIATES struction of sidewalks and alleys in the Town Centre FOR ENGINEERING SERVICES FOR Project Area #1 was included as a part of the report TOWN CENTRE SIDEWALK AND and the Council authorized staff to prepare an ALLEY IMPROVEMENTS - PUBLIC application for these items. WORKS DEVELOPMENT AND IN-VEST- MENT PROGRA~ APPLICATION AND In order to submit application and commence work, AUTHORIZING THE MAYOR TO EXECUTE it was proposed that the private engineering firm SAID AGREEmeNT of Phillips-Reynolds & Associates be hired for a fee not to exceed $42,000. The firm will provide survey, engineering and architectural services for the preparation of contract plans and specifications. Resolution offered Offered by Councilman Hobel, the reading of the text was waived by unanimous consent, passed and adopted by the following vote, to-wit: AYES: Councilmen Hobel, Hyde, Cox, Hamilton, Egdahl Noes: None Absent: None 11. RESOLUTION NO. 8361 - The City has been involved in a joint project with EXTENDING THE AGREEMENT the County Board of Supervisors, the Chula Vista BETWEEN THE CITY OF CHULA Elementary School District, the Sweetwater High VISTA AND ~{E CHULA VISTA School District and the Southwestern Community SCHOOL DISTRICT FOR FOCUS College District for the purpose of coordinating (FOCUS ON THE COk[qUNITY community services to maximize the utilization of UTILIZATION OF SCHOOLS) existing facilities and to avoid duplication of AND APPROPRIATING FUNDS services being performed by different agencies. THEREFOR It is recommended that the City continue its partic- ipation in Focus and allocate $8,000 from Special Revenue Sharing funds for this second project year, and that an alternate Council member be designated to attend the monthly meeting should the Mayor be unable to attend. (Each participating agency cur- rently has two voting members on the Committee, one from the elected body and one staff person.) Resolution offered Offered by Councilman Hobel, the reading of the text was waived by unanimous consent, passed and adopted by the following vote, to-wit: AYES: Councilmen Hobel, Hyde, Cox, Hamilton, Egdahl Noes: None Absent: None 12. RESOLUTION NO. 8362 - On October 5, 1976 the Council directed staff to APPROVING AGREEMENT BETWEEN prepare an appropriate contract to retain the services THE CITY OF~CHULA VISTA AND of Hr. Victor Wulff, Architect, for the preparation VICTOR WULFF FOR PRELIMINARY of preliminary plans for the Park Way Community PLUS FOR THE PARK WAY COM- Recreation Complex. This contract is based on hourly N~JNITY RECREATION COMPLEX, rates not to exceed a total expenditure of $15~700. APPROPRATING FUNDS THEREFOR AND AUTHORIZING THE ~YOR TO EXECUTE THE AGREEMENT Resolution offered Offered by Councilman Hobel, the reading of the text was waived by unanimous consent, passed and adopted by the following vote, to-wit: City Council Meeting -12- October 12, 1976 AYES: Councilmen Hobel, Hyde, Cox, Hamilton, Egdahl Noes: None Absent: None 13. RESOLUTION NO. 8363 - The contract between the City and Joe Warburton APPROVING AGREEMENT BETWEEN expires October 12, 1976. Negotiations for a new THE CITY OF CHULA VISTA AND contract have been underway for several months, JOE WARBURTON, EXTENDING but since the new contract does not contemplate CURRENT TERM AND CONDITIONS substantive changes in the current percentage of OF GOLF PRO CONTRACT AND greens fees Mr. Warburton would receive until AUTHORIZING THE MAYOR TO January 1, 1977 and all other income sources to EXECUTE SAID AGREEMENT the professional are not recommended for change, an extension of the present contract through December 1, 1976 is recommended. Resolution offered Offered by Councilman ttobel, the reading of the text was waived by unanimous consent, passed and adopted by the following vote, to-wit: AYES: Councilmen Hobel, Hyde, Cox, Hamilton, Egdahl Noes: None Absent: None 14. ORDINANCE NO. 1710 - The Director of Finance has suggested that the City's AMENDING SECTION 6.20.030 dog license Ordinance be amended to provide for the OF THE Ct~LA VISTA MUNICIPAL transfer of an unexpired license for the balmmce of CODE BY ADDING THERETO PROV- the license period, to another dog when the origin- ISIONS FOR A TRANSFER OF A ally licensed dog has died. DOG LICENSE FROM A DECEASED DOG TO AN UNLICENSED DOG FOR THE BALANCE OF THE LICENSE PERIOD FIRST READING Ordinance placed on first It was moved by Councilman Egdahl that this Ordinance reading be placed on first reading and that reading of the text be waived by unanimous consent. The motion carried by the following vote, to-wit: AYES: Councilmen Egdahl, Hobel, Hyde, Cox, Hamilton Noes: None Absent: None Motion to consider Item #18 It was moved by Councilman Hyde, seconded by Mayor at this time Hamilton and unanimously carried that Item #18 (Status report on Park Acquisition: Neighborhood Park - District No. 6405) be considered at this time. 18. STATUS REPORT ON PARK Director of Parks & Recreation Hall responded to the ACQUISITION: NEIGHBORHOOD Council's direction of September 28, 1976 in which PARK-DISTRICT NO. 6.05 the Council requested a status report on the possible acquisition of neighborhood park site on the south side of quintard Street between First Avenue and Tobias Drive. ~lr. Hall reported that the cost of 4.04 acres (under three ownerships) is $127,200 plus relocation costs of approximately $31,000. To develop the area for passive park purposes, the cost will be $66,500 if CETA people are available or $125,000 if contract labor is used. The maintenance cost per year Will be $12,000. City Council Meeting -13- October 12, 1976 As to the Council's questions on grant funds, Mr. Hall stated the City would have a difficult time applying for many of the programs since the parks must be regional in nature, and this proposed 4.04 acres would not qualify. Motion for staff to It was moved by Councilman Hyde, seconded by Council- proceed man Hobel and unanimously carried that the staff be directed to proceed with plans for acquisition of this property and indicate plans for financing. Appraisal included in At the suggestion of Councilman Hobel, Councilman motion Hyde included in his motion that the staff obtain an appriisal of the property. Attorney's comments Assistant City Attorney Beam noted some of the steps that must be taken along with the Council's direction to proceed with the acquisition of the property: (1) appraisal; (2) judgment by the Planning Commission under the State Planning Act that the area was con- sistent with the General Plan in contemplation of its use; (3) an environmental review prior to that time; (4) if the negotiated purchase was not forth- coming, the Council would have to hold a public hear- ing and adopt a resolution of intent to condemn; and, (5) under the Relocation Assistance Act, the City cannot negotiate for the purchase of property in threat of condemnation without having an appraisal. Motion for citizen's It was moved by Councilman Hyde, seconded by Mayor committee Hamilton and unanimously carried that the staff be requested to form a citizen's committee of interested parties in this particular area, at the appropriate time, for the purpose of providing community imput with regard to what is desired in the park. Motion to consider Item #17 It was moved by Councilman Hobel, seconded by Council- at this time man Cox and unanimously carried that Item #17 (Report on Sewer Relief Project in Castle Park) be considered at this time. 17. REPORT ON SEWER RELIEF A written report was submitted by the Director of PROJECT IN CASTLE PARK Public Works in which he gave the history of the sewer problems in this area and the proposed develop- ments. Mr. Robens reported that on August 19, the City received a letter from the County Sanitation District stating that they have experienced overloading prob- lems with the sewer lines in the unincorporated area of the County downstream of the critical City segment and were working on a solution to the problem. Mr. Robens added that it will take a joint action by both the City and County to solve the overall prob- lem. He recommended that the Council (1) extend the morato- rium for an additional 90 days for any proposed new developments not having previously received approval; (2) authorize submittal of an application to the EDA for a Public Works grant for the sewer construction in the County area; and, (3) authorize the staff of the County Sanitation District to work on a design for the sewer construction and agree to pay for the design cost on a fair share basis to be determined at a later date. City Council Meeting -14- October 12, 1976 Motion to accept staff It was moved by Councilman Egdahl and seconded by report Councilman Hyde that the staff report be accepted. Discussion of motion Councilman Hobel noted the time element involved and stated the situation was critical now. City ~{anager Cole stated that he and Mr. Robens will be meeting with the County staff and Board of Supervisors tomorrow at 8:30 a.m. to discuss this sewer problems. He will encourage the Board to include this sewer problem in the Public Works Employment Act project for the County. Amendment to motion It was moved by Councilman Hyde, seconded by Council- man Egdahl and unanimously carried that in lieu of staff's recommendation (extend the moratorium for an additional 90 days for any propose new develop- ments not having previously received approval), that the staff advise the developers that no new occupancy permits will be issued in the area concerned until adequate sewer facilities have been provided. Original motion ~arried ne original motion to accept the balance of the staff's recommendations carried unanimously. CITY MANAGER'S REPORT 1S. Report on air condition- City Manager Cole submitted a written report from ing the renovated post John Lippitt, Acting Director of Public Works, in office and library complex which Mr. Lippitt discussed the noise levels, control systems, cost and energy savings in the new proposed complex. Mr. Cole recommended that the Council authorize the installation of the heating and air conditioning in the renovated buildings and authorize the staff to pursue a grant for the installation of a solar energy system from the Energy Research and Develop- ment Administration. Motion for authorization It was moved by Councilman Egdahl, seconded by Councilman Hyde and unanimously carried that the staff report be accepted. 1976 PUBLIC WORKS EMPLOY- City Manager Cole discussed a report submitted to MENT ACT PROJECTS the Council in which he noted the following changes: Fire Department: Orange Avenue Fire Station - this will eliminate the Fire Station on Oneida. Castle Park Relief Sewer - Mr. Cole and the Direc- tor of Public Works will atte~mpt to get the County to be the applicant on this proposal because the sewer will be in the County; the County is design- ing it; and the County will own it. Civic Center Renovation - the amount listed is just for the supplemental funds. New informa- tion received by the City is that the budget could not be amended with the expectations that this project will be approved. Council Conference City Manager Cole stated that the City will receive October 20, 1976 5-days notice when applications can be made; there- fore, based on this time schedule, there would be no need for the scheduled Conference of October 20. City Council Meeting -15- October 12, 1976 Motion to cancel meeting It was moved by Mayor llamilton, seconded by Councilman Hyde and unanimously carried that the conference sched- uled for October 20, 1976 be cancelled. Information on City }{all City Manager Cole announced that on the 27th of this renovation month, staff will be coming to Council with information on the renovation of City Hall along with this Public Works Act application. Public hearing for The public hearing on the Brentwood Arms rezoning Brentwood Arms (Edgemere Avenue) is scheduled by the Planning Commis- sion on October 18 - plus the General Plan amendment. The quickest time this can be brought before the Council is November 2; however, this is Election Day. Hearing scheduled for It was moved by Councilman Cox, seconded by Councilman November 9 Egdahl and unanimously carried that the City Council consider this rezoning on November 9, 1976. REPORTS OF CITY OFFICERS AND DEPARTMENT HEADS 16. REPORT ON MODIFICATION OF On August 3, 1976 Council requested staff to make an "F" STREET WIDENING PROJECT investigation of the feasibility of modifying the full IN FRONT OF LIBRARY widening project to preserve the existing mature California Pepper trees along the frontage of the library. Director of Public Works Robens submitted a written report recommending that the full widening project not be modified so as to preserve the existing mature Pepper trees. Motion for continuance It was moved by Councilman Hyde, seconded by Councilman Egdahl and unanimously carried that this matter be continued for two or three weeks. 17. REPORT ON SEWER RELIEF See page 13 of the minutes. PROJECT IN CASTLE PARK 18. STATUS REPORT ON PARK See page 12 of the minutes. ACQUISITION: N£IGHBORHOOD PARK-DISTRICT NO. 6.05 19. STATUS REPORT ON Director of Parks and Recreation Hall stated that the SWEETWATER REGIONAL PARK Board of Supervisors received a status report on the land acquisition of the Sweetwater Regional Park System on September 13. The County Staff recommended that all available funding budgeted in this fiscal year be channeled into the acquisition of those parcels east of 1-805 and that Unit 6 be put into a holding pattern for future study. Unit 6 is approximately 66 acres west of 1-805 to Edgemere Avenue along the Sweetwater Flood Channel. Hr. Hall recommended that the County of San Diego be requested to prepare a status report on the acquisition and development of the Sweetwater Regional Park with special emphasis on properties west of 1-805. Motion to accept It was moved by Councilman Hobel, seconded by Councilman staff recommendation Cox and unanimously carried that the staff recommendation be accepted. City Council Meeting -16- October 12, 1976 MAYOR'S REPORT The Mayor stated he had no report to make tonight. COUNCIL COMMENTS Motion for staff direction It was moved by Councilman Hyde, seconded by Councilman regarding setbacks Egdahl and unanimously carried that the staff and Planning Commission be directed to review the existing front, side and rear yard setback requirements in all R-3 zones and make recommended changes to the Council as they deem it appropriate. Councilman Hobel noted that this report can come back in three or six months. Meeting with Councilman Egdahl reported that he and the City Manager officials of visited with the officials of "Mervyn's" in Hayward on "Mervyn's" Friday, October 8, 1976. Although no commitment was made, the officials indicated interest in locating in this area. PA System used It was moved by Councilman Egdahl, seconded by Councilman at schools Hyde and unanimously carried that the Public Address system being used on Saturdays (Hilltop High School for Pop Warner teams) somehow be abated. If appropriate, the school district should be contacted to take approp- riate action. Councilman Hobel commented that the system should not be abated - it is the volume that should be turned down. City Manager to contact Councilman Hyde asked that the motion be amended to Pop Warner League refer this to the City Manager to make contact with the Pop Warner League. Councilman Egdahl concurred. Alternate to FOCUS It was moved by Councilman Egdahl, seconded by Councilman Cox and unanimously carried that the ~tayor Pro Tempore be designated as Alternate to FOCUS. Transportation In answer to Councilman Hobel's inquiry, City Manager meeting in Sacramento Cole stated he will not be attending the Transportation Committee meeting in Sacramento on Wednesday, October 13. Assemblyman Deddeh will not be at this committee hearing and has informed Mr. Cole that the committee will be talking to Caltrans staff and the Highway Commission for the major portion of the day. If they have time, after 3:00 p.m., they will hear public testimony. Mr. Cole stated he will instead write a letter to the Chairman of the Committee. Biannual Report - Councilman Hyde expressed the Council's appreciation City Clerk for the Clerk's Biannual Report. 20. WRITTEN CO~4UNICATIONS a. Appeal of the denial of This matter was set for public hearing on November 16. the Planning Commission See page 2 of the minutes. for a waiver of the re- quirements for installa- tion of public improve- ments at 3956 Otay Lakes Road - Carl Berg b. Request to paint house Mr. Bishop requested permission for the Chapter members numbers on street curbs - to paint house numbers on the curbs during the months Richard H. Bishop, of October and November. Chula Vista Chapter Order of D~lolay City Council Meeting -17- October 12, 1976 Motion to approve It was moved by Councilman Cox, seconded by Councilman Hyde and unanimously carried that the request be approved subject to any staff conditions that might be applied. ADJOURNMENT Mayor Hamilton adjourned the meeting at 1:17 a.m. to the meeting scheduled for Wednesday and Thursday (October 13 and 14) at 3:30 p.m. to conduct interviews for boards and commissions. JENNIE ~. FULASZ, CMC City Clerk Deputy City Clerk